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SpaceX’s orbital Starship launch debut may be pushed to 2022 by slow FAA reviews
In a rare sign of material progress, SpaceX and the FAA have finally released what is known as a draft environmental assessment (EA) of the company’s South Texas Starship launch plans.
Set to be the largest and most powerful rocket in spaceflight history when it first begins orbital launches, the process of acquiring permission to launch Starship and its Super Heavy booster out of the wetlands of the South Texas coast was never going to be easy. The Boca Chica site SpaceX ultimately settled on for its first private launch facilities – initially meant for Falcon 9 and Falcon Heavy but later dedicated to BFR (now Starship) – is simultaneously surrounded by sensitive coastal habitats populated by several threatened or endangered species and situated mere miles as the crow flies from a city whose temporary population oscillates from a few thousand to tens of thousands.
Reception and analysis of the draft and its timing have been mixed. On one hand, SpaceX’s draft EA – completed with oversight from the FAA and help from the US Fish and Wildlife Service (USFWS) – gives a number of reasons for optimism. In a sign that SpaceX is taking a pragmatic approach to the inevitable environmental review and launch license approval hurdles standing in front of orbital South Texas Starship launches, the company has actually pursued what is known as a “programmatic environmental assessment” (PEA).
Most importantly, that means that SpaceX’s Starbase PEA – if approved – will be more like a foundation or stepping stone that should make it easier to start small and methodically expand the scope and nature of the company’s plans for Boca Chica. Along those lines, as part of Starbase’s first dedicated environmental assessment, SpaceX has proposed a maximum of 23 flight operations annually while Starship is still in the development phase, including up to 20 suborbital Starship test flights and 3 orbital launches (or Super Heavy hops). Once SpaceX has worked out enough kinks for slightly more confident Starship operations, the company would enter an “operational phase” that would allow for as many as five suborbital Starship launches and five orbital Starship launches, as well as ship and booster landings back on land after all 10 possible launches.
In other words, SpaceX’s initial draft PEA is extremely conservative, requesting permission for what amounts to a bare minimum concept of operations for orbital Starship launches. At a maximum of 3-5 orbital launches per year, a PEA and subsequent launch license approved as-is would likely give SpaceX just enough slack to perform basic Earth orbit launches and no more than one or two orbital refilling tests per year. However, as an example, a five-launch maximum would almost entirely prevent SpaceX from launching Starship to Mars, the Moon, and maybe even high-energy Earth orbits without using all of its annual launch allotments on a single mission.
Perhaps most importantly, the draft PEA as proposed would unequivocally prevent SpaceX from performing the NASA Human Lander System (HLS) Moon landings it received an almost $3 billion contract to complete. Each HLS Starship Moon landing is expected to require anywhere from 10-16 launches to deliver a depot ship, HLS lander, and ~1200 tons of propellant to orbit. However, in terms of SpaceX’s prospects of developing Starship as quickly as possible, that’s actually a good thing. Above all else, SpaceX’s slimmed-down draft PEA should be far easier for the FAA to approve than a PEA pursuing permission for Starship’s ultimate ambitions – dozens to hundreds of launches annually – from the beginning. In theory, with this barebones PEA approved, SpaceX would then be able to build off the foundation with additional environmental assessments – like, for example, of expanding Starship’s maximum launch cadence.
Of course, SpaceX first needs the FAA turn this first draft PEA into a favorable environmental assessment (not a guarantee) before any of the above starts to matter. Based on the content of the draft itself and associated appendixes, SpaceX appears to have a decent shot at receiving a “finding of no significant impact (FONSI)” or “mitigated FONSI” determination. However, SpaceX began the process of creating that draft as far back as mid-2020, followed by an FAA announcement in November 2020. The implication is that the FAA managed to drag out a draft release process that some have estimated should have taken 3-4 months into an arduous 10-15 month ordeal.
Combined with the uphill battle it’s starting to look like SpaceX will have to wage for an orbital Starship launch license in South Texas, it’s looking increasingly likely that Starship, Super Heavy, and Starbase will be technically ready for orbital launch tests well before the FAA is ready to approve or license them. Barring delays, the public now has until mid-October to read and comment on SpaceX’s draft PEA, after which the FAA and SpaceX will review those comments and hopefully turn the draft into a completed review. Even if the FAA were to somehow take just two months to return a best-case FONSI, clearing Starbase of environmental launch hurdles, it’s hard to imagine that the agency could then turn around and approve an orbital Starship launch license – or even a one-off experimental permit – in the last few weeks of 2021.
Ultimately, that means that nothing short of a minor miracle is likely to prevent the FAA’s environmental review and licensing delays from directly delaying Starship’s orbital launch debut. There is at least a chance that Starship, Super Heavy, and Starbase’s orbital launch site wont be ready for orbital launches by the end of the year, but it’s increasingly difficult to imagine that all three won’t be proof tested, qualified, and ready for action just a month or two from now. For the time being, we’ll just have to wait and see where the cards fall.
Investor's Corner
Tesla and SpaceX take “Terafab” Trademark fight to Federal Court
Tesla and SpaceX sue a small Illinois firm after cease and desist letters over Terafab.
Tesla and SpaceX are asking a federal judge to rule that their planned Terafab chip factory does not infringe a small Illinois company’s trademark, a request that arrives only after months of quiet negotiation broke down this summer.
The dispute traces to May 18, when Tesla filed three U.S. trademark applications for “Terafab” and “Tesla Terafab,” covering semiconductor chips and related chip making services. TERA-print LLC, a nanotechnology company that has held a federal trademark for “Tera-Fab” since 2021, responded five days later with a cease and desist letter. According to the lawsuit, first reported by Reuters, TERA-print argued that Tesla and SpaceX’s use of “Terafab” would confuse consumers familiar with its own trademark, which covers a desktop photolithography printer sold to researchers for sensor and bioengineering work.
What stands out in the filing is the timing of TERA-print’s own paperwork. One day before sending that cease and desist letter, on May 22, TERA-print applied to expand its existing registration to cover semiconductor materials, silicon chips, nanoelectronic devices and AI design services, categories it had not previously claimed. Tesla and SpaceX call that filing opportunistic in their complaint, noting it arrived two months after Tesla’s public Terafab announcement and just days after Tesla’s own trademark applications went in.
Elon Musk launches TERAFAB: The $25B Tesla-SpaceXAI chip factory that will rewire the AI industry
By June 10, TERA-print was threatening to sue for federal trademark infringement, false designation of origin and unfair competition, the complaint states. Rather than wait to be sued, Tesla, SpaceX and SpaceXAI met with TERA-print six separate times between June and August trying to resolve the dispute directly. Those talks collapsed, and the companies filed for declaratory judgment this week in the U.S. District Court for the Western District of Texas, asking a judge to find that “Terafab” does not infringe TERA-print’s mark before TERA-print can file a claim of its own.
TERA-print isn’t backing down. The company told PCMag it discussed a settlement with Tesla as recently as September 2 and feels misled by what it called Tesla’s professed interest in settling. Its CTO, Andrey Ivankin, said TERA-print holds a Defense Department contract to fabricate semiconductors and partially owns Mattiq Inc., an AI company built on TERA-print’s products, and that the company will vigorously defend its rights.
Tesla and SpaceX argue the overlap is superficial. Terafab is planned as a $16.8 billion complex spanning roughly 100 million square feet at the Grimes County site SpaceX confirmed last month, built to produce chips for Optimus robots, Tesla’s AI computing needs and SpaceX’s orbital data center ambitions, a scale and purpose the companies say no reasonable consumer would confuse with a tabletop lab printer. TERA-print’s product line has stayed focused on lithography tools for biological and sensor research since it registered its mark in 2021.
The trademark fight is the second legal dispute tied to the Terafab project in the past week, following a separate SpaceX suit aimed at keeping company records about the facility out of public view, as KBTX reported. Whether construction proceeds under the Terafab name now depends on a federal judge in Austin.
News
NHTSA just escalated its Tesla Cybercab investigation in a big way
NHTSA escalated its Cybercab audit into a sworn Special Order with a September 30 deadline.
Federal regulators have moved from asking Tesla questions about its Cybercab to demanding sworn answers. The National Highway Traffic Safety Administration issued a Special Order that requires a Tesla officer to sign an affidavit attesting to the completeness of the company’s responses, with a deadline of September 30.
The order builds on Audit Query AQ26002, which NHTSA opened on September 3, the same day Tesla began commercial Cybercab service in Austin. Teslarati covered that initial inquiry when it surfaced, noting the agency wanted to understand how Tesla certified a vehicle with no permanently attached steering wheel, pedals, or mirrors as compliant with Federal Motor Vehicle Safety Standards. A Special Order is a different tool and converts a fact finding review into a legally enforceable demand, the same mechanism NHTSA used against Tesla in 2023 during its Autopilot investigation.
Several of the 21 requests target a specific gap in Cybercab’s design. One asks whether Tesla used temporarily attached human controls at any point to help certify the vehicle, and if so, which standards depended on that equipment being present. Another quotes an existing rule directly: “The service brakes shall be activated by means of a foot control.” Cybercab has no foot pedal. NHTSA wants a detailed explanation of how the vehicle satisfies that requirement, and how it complies without the kind of exemption granted to Zoox in July under Part 555, the regulatory pathway built for steering wheel free vehicles.
The order does not claim Cybercab is unsafe or that Tesla broke a rule. It requires Tesla to explain, under oath, the reasoning behind decisions the company already made when it self-certified the vehicle. That distinction matters, but so does the exposure. Motor1’s reporting, summarized here, put potential civil penalty exposure as high as $139 million if NHTSA later finds the certification was flawed, on top of whatever criminal risk comes with a false sworn statement.
Tesla has not said publicly how it plans to respond. Cybercab is still carrying passengers in Austin through the Robotaxi app while the September 30 deadline approaches, and the company has continued expanding the vehicle’s footprint even as the regulatory question remains open. The Special Order does not pause any of that and just sets a date by which Tesla has to put its certification logic on the record, with a company officer’s name attached to it.
In a new interview on Wednesday, Tesla uber bull Ron Baron said that anyone looking to buy the company’s stock should do so as soon as they can.
Baron, founder and CEO of Baron Capital and one of Tesla’s most persistent institutional bulls, used a CNBC Squawk Box appearance on Wednesday to deliver a familiar message with fresh urgency: In his opinion, Tesla stock is a buy:
“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.”
The Baron Capital frontman’s case is built around Full Self-Driving. Tesla reported 1.48 million active FSD subscriptions in the second quarter, up 56 percent year over year, and company officials have said roughly 55 percent of new North American deliveries left with a subscription enabled.
Baron framed that attach rate as proof the product is moving from enthusiast extra to default expectation, and as a reason software, not just vehicle volume, should drive the next phase of value.
His conviction on Tesla shares is not theoretical, as Baron Capital made its first Tesla investment in 2014, after years of meetings that began around the 2010 IPO roadshow. The firm later built a large SpaceX position starting in 2017.
Ron Baron today in new interview on Tesla:
“The time to buy the stock is now. FSD is catching on, and it’s going to be bigger and bigger. 55% of new buyers are buying it (Teslas) with FSD. It’s going to be everywhere. It’s safer.” pic.twitter.com/Rv5PB0bVZ2
— Sawyer Merritt (@SawyerMerritt) September 16, 2026
Baron said those Musk-led bets have generated about $30 billion of the $71 billion in profits Baron Capital has produced for clients. He put the firm’s current exposure at roughly $25 billion in SpaceX and $5 billion in Tesla. Personally, he described SpaceX as his largest holding, at about $5 billion, with about $1.5 billion in Tesla and additional Tesla exposure through the firm’s funds.
That concentration is also a statement of loyalty. Asked about talk of a SpaceX-Tesla combination, Baron said he had already walked Elon Musk through arguments for and against a deal, then declined to repeat them on air. His public position was simpler: “Whatever you decide is better is what I’m going to support,” he said to Musk.
Baron also said that he picked up the farewell edition of the Model S after Tesla decided to sunset the vehicle earlier this year, calling it his favorite car he’s ever driven.
Tesla and SpaceX take “Terafab” Trademark fight to Federal Court
NHTSA just escalated its Tesla Cybercab investigation in a big way
